Walter v. Gillan

Blackledge, District Judge.

This is an appeal from the district court for Lancaster county wherein the action was commenced by the plaintiffs, the owners of the improvements on, and lease of, a section of school land in Buffalo county. The petition prayed for cancelation of an assignment and transfer of such property made to defendant Gillan and alleged to have been fraudulently procured by him with the assis*515tance of defendants Barney and Lunger. The petition also prayed for the recovery of damages.

It is suggested in appellants’ brief that the action was for both rescission and damages,' which…